Can someone maintaining legal status apply for asylum after the 1 year deadline?
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Can someone maintaining legal status apply for asylum after the 1 year deadline?
My husband is on F2 visa stayed in the US for 3 1/2 years. He had problems in the past due to his political opinion; they are searching for him now back in his country and detained his brother. Can he apply for asylum?
Asked on June 26, 2012 under Immigration Law, Georgia
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you can apply if there are extenuating circumstances and you can explain and provide proof thereof. The extenuating circumstances would have had to come about after a year of you being in the US which is why the asylum is not filed within the 1 year timeframe.
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